Coisa julgada rebus sic stantibus

Abstract

This monografy is about judicial estoppel under the rebus sic stantibus clause and how it reflects in brazilian Procedural Law. The rebus sic stantibus judicial estoppel is a type of estoppel by judgement that use to happen in continuance legal relationships, which generally bring, implicitly, the clause rebus sic stantibus. Referred clause is the basis of Imprevision Theory, adopted by brazilian legislator on its Civil Code, as we see it expressed in article 317. The rebus sic stantibus clause is origined from the latim and means that the things should stay the way they are until the relationship which they refer changes. As the changes occur, there will happen a different kind of effects from its estoppel by judgement, allowing alterations in the final decision of the process. This type of judicial estoppel is the recognition, by the procedural legislator, of the needing of adequating the judicial estoppel effects to certains legal relationships, that gets prolonged in time. However, not every continuance relationship is submitted to the effects of rebus sic stantibus judicial estoppel: only those with signifficantly changes, able to justify this special type of estoppel by judgement. The phenomenon is sheltered by the artivle 471, I of Procedural Code, also appearing in some special laws, as the Law nº 5.478/68. The rebus sic stantibus res judicata is not the same as relativation of res judicata. It is only a different kind of judicial estoppel, producing particular kind of effects in continuance relationships, allowing the alteration of the final process decision, even though they are sheltered by the immunizing mantle of res judicata